SUMITRA D/O. YANKOBA vs SRI. RAJA SAB S/O. KHASIM SAB
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC-D:17966
MFA No. 100837 of 2021
C/W MFA No. 100626 of 2021
MFA No. 100627 of 2021
AND 1 OTHER
CNR: KAHC020176922021
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
ND
DATED THIS THE 2 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MRS JUSTICE K.G.SHANTHI
MISCELLANEOUS FIRST APPEAL NO. 100837 OF 2021 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 100626 OF 2021 (MV-I)
MISCELLANEOUS FIRST APPEAL NO. 100627 OF 2021 (MV-I)
MISCELLANEOUS FIRST APPEAL NO. 100635 OF 2021 (MV-I)
IN MFA No. 100837/2021
BETWEEN:
MINOR HULESH @ HULURAJA
S/O. VENKATESH,
AGE: 11 YEARS,
OCC: STUDENT
SINCE MINOR REP. BY HIS FATHER
NATURAL GUARDIAN
SRI. VENKATESH S/O. AYYAPPA,
AGE: 37 YEARS, OCC: AGRICULTURE,
R/O: BUDDINNI VILLAGE,
TQ: SINDHANUR,
DIST: RAICHUR-584128.
…APPELLANT
(BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE)
AND:
1. SRI. RAJA SAB KHASIM SAB
AGE: 52 YEARS,
DRIVER OF KSRTC BUS
KA-36/F-1083,
C/O. MASKI DEPOT,
DIST: RAICHUR-584128.
2. THE DIVISIONAL CONTROLLER
KSRTC MASKI,
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HC-KAR
NC: 2026:KHC-D:17966
MFA No. 100837 of 2021
C/W MFA No. 100626 of 2021
MFA No. 100627 of 2021
AND 1 OTHER
CNR: KAHC020176922021
DIST: RAICHUR-584101.
…RESPONDENTS
(BY SRI. S.C. BHUTI, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, PRAYED THAT THE JUDGMENT AND AWARD DATED 06.01.2020
IN MVC NO.1110/2018 PASSED BY THE LEARNED MOTOR
ACCIDENTS CLAIM TRIBUNAL-XII BALLRI, MAY KINDLY BE MODIFY
BY ENHANCING THE COMPENSATION AND ALLOW THE CLAIM
PETITION BY ALLOWING THE APPEAL WITH COST, IN THE INTEREST
OF JUSTICE AND EQUITY.
IN MFA NO. 100626/2021
BETWEEN:
SRI. JALALI @ JALINDRA S/O. ERAPPA
AGE: 29 YEARS,
OCC: COOLIE,
RD
R/O: 3 WARD,
NEAR RANGHANATHA TEMPLE,
RAVUDAKUNDA VILLAGE,
TQ: SINDHANUR,
DIST: RAICHUR-584128.
...APPELLANT
(BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE)
AND:
1. SRI. RAJA SAB S/O. KHASIM SAB
AGE: 52 YEARS,
DRIVER OF KSRTC BUS
KA-36/F-1083,
C/O. MASKI DEPOT,
DIST: RAICHUR-584128.
2. THE DIVISIONAL CONTROLLER
KSRTC MASKI,
DIST: RAICHUR-584101.
...RESPONDENTS
(BY SRI. S.C. BHUTI, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
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HC-KAR
NC: 2026:KHC-D:17966
MFA No. 100837 of 2021
C/W MFA No. 100626 of 2021
MFA No. 100627 of 2021
AND 1 OTHER
CNR: KAHC020176922021
THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
1988, PRAYED THAT THE JUDGMENT AND AWARD DATED
06.01.2020 IN MVC NO.1109/2018 PASSED BY THE LEARNED
MOTOR ACCIDENT CLAIM TRIBUNAL-XII BALLARI, MAY KINDLY
BE MODIFY BY ENHANCING THE COMPENSATION AND ALLOW
THE CLAIM PETITION BY ALLOWING THE APPEAL WITH COST, IN
THE INTEREST OF JUSTICE AND EQUITY.
IN MFA NO. 100627/2021
BETWEEN:
KUMARI. SUMITRA D/O. YANKOBA
AGE: 26 YEARS,
OCC: HOME MAKER AND COOLIE,
R/O: BUDDINNI VILLAGE,
TQ: SINDHANUR,
DIST: RAICHUR-584128.
...APPELLANT
(BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE)
AND:
1. SRI. RAJA SAB S/O. KHASIM SAB
AGE: 52 YEARS,
DRIVER OF KSRTC BUS
KA-36/F-1083
C/O. MASKI DEPOT,
DIST: RAICHUR-584128.
2. THE DIVISIONAL CONTROLLER
KSRTC MASKI,
DIST: RAICHUR-584101.
...RESPONDENTS
(BY SRI.S.C. BHUTI, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
1988, PRAYED THAT JUDGMENT AND AWARD DATED 06.01.2020
IN MVC NO.1107/2018 PASSED BY THE LEARNED MOTOR
ACCIDENTS CLAIM TRIBUNAL-XII, BALLARI, MAY KINDLY BE
MODIFY BY ENHANCING THE COMPENSATION AND ALLOW THE
CLAIM PETITION BY ALLOWING THE APPEAL WITH COST, IN THE
INTEREST OF JUSTICE AND EQUITY.
- 4 -
HC-KAR
NC: 2026:KHC-D:17966
MFA No. 100837 of 2021
C/W MFA No. 100626 of 2021
MFA No. 100627 of 2021
AND 1 OTHER
CNR: KAHC020176922021
IN MFA NO. 100635/2021
BETWEEN:
SMT. LAKSHMI W/O JALALI @ JALINDRA
AGE: 25 YEARS,
OCC: COOLIE,
R/O: RAVUDAKUNDA VILLAGE,
TQ: SINDHANUR,
DIST: RAICHUR-584128.
...APPELLANT
(BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE)
AND:
1. SRI. RAJA SAB S/O. KHASIM SAB
AGE: 52 YEARS,
DRIVER OF KSRTC BUS
KA-36/F-1083
C/O. MASKI DEPOT,
DIST: RAICHUR-584128.
2. THE DIVISIONAL CONTROLLER
KSRTC MASKI,
DIST: RAICHUR-584101.
...RESPONDENTS
(BY SRI.S.C. BHUTI, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
1988, PRAYED THAT JUDGMENT AND AWARD DATED 06.01.2020
IN MVC NO.1108/2018 PASSED BY THE LEARNED MOTOR
ACCIDENTS CLAIM TRIBUNAL-XII, BALLARI, MAY KINDLY BE
MODIFY BY ENHANCING THE COMPENSATION AND ALLOW THE
CLAIM PETITION BY ALLOWING THE APPEAL WITH COST, IN THE
INTEREST OF JUSTICE AND EQUITY.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
JUDGEMENT WAS DELIVERED THEREIN AS UNDER:
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HC-KAR
NC: 2026:KHC-D:17966
MFA No. 100837 of 2021
C/W MFA No. 100626 of 2021
MFA No. 100627 of 2021
AND 1 OTHER
CNR: KAHC020176922021
CORAM: HON'BLE MRS JUSTICE K.G.SHANTHI
ORAL JUDGMENT
Aggrieved by the common judgment and awards dated
06.01.2018 in MVC Nos.1107, 1108, 1109 and 1110 of 2018
1
passed by the Motor Accident Claims Tribunal-XII, Ballari , the
appellants being the petitioner have filed these appeals seeking
enhancement of compensation.
2. Parties are hereinafter referred to as per their ranks
before the Tribunal for the sake of convenience.
3. The Brief facts of the case of the petitioners are
that on 14.04.2016 the petitioners along with others were
migrating their residence from Buddinni village towards
Bengaluru for doing coolie work. They boarded a KSRTC Bus
2
bearing registration No.KA-36/F-1083 from Sindhanur as paid
passengers. At about 12.20 a.m when they reached near
Havambhavi check post on Siruguppa Road in Ballari, the driver
of the bus drove the bus in a rash and negligent manner with a
high speed and dashed against a lorry bearing registration
1
For short, ‘the Tribunal’
2
For short, ‘the bus’
Digitally Signed by KADAMBADI
GANESH SHANTHI on 06-11-2026
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HC-KAR
NC: 2026:KHC-D:17966
MFA No. 100837 of 2021
C/W MFA No. 100626 of 2021
MFA No. 100627 of 2021
AND 1 OTHER
CNR: KAHC020176922021
No.KA-01/AE-1742 and thereby caused the accident. Due to
the impact, the petitioners have sustained injuries and
immediately they were shifted to the hospital for treatment.
The petitioners have spent huge amount towards medical
expenses for the injuries sustained in the accident. Accordingly,
they filed claim petitions before the Tribunal claiming
compensation.
4. On filing of the petitions, notices have been issued
to the respondents No.1 and 2. Though notices were duly
served on the respondents, they remained absent. Hence,
placed an ex-arte before the Tribunal.
5. Before the Tribunal, the petitioners examined as
PW1 to PW4 and got marked 10 documents as Exs.P1 to P10.
6. On hearing the arguments, the Tribunal allowed the
claim petitions in part and awarded compensation as below:
In MVC No.1107/2018 – Rs.15,000/-
In MVC No.1108/2018 – Rs.15,000/-
In MVC No.1109/2018 – Rs.10,000/-
In MVC No.1110/2018 – Rs.15,000/-
Digitally Signed by KADAMBADI
GANESH SHANTHI on 06-11-2026
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HC-KAR
NC: 2026:KHC-D:17966
MFA No. 100837 of 2021
C/W MFA No. 100626 of 2021
MFA No. 100627 of 2021
AND 1 OTHER
CNR: KAHC020176922021
7. The Tribunal further awarded interest on the
compensation amount at the rate of 7% per annum from the
date of petitions till realization and directed the respondent
No.2/Corporation to deposit the same within a period of three
months from the date of the awards.
8. Dissatisfied with the quantum of compensation, the
petitioners preferred these appeals.
9. Learned counsel for the petitioners argued that the
Tribunal has awarded meager compensation in all four claim
petitions. Accordingly, prayed for enhancement of the
compensation.
10. Learned counsel for respondent No.2/Corporation
argued that the Tribunal has considered the wound certificates
produced by the petitioners and rightly awarded the
compensation which does not call for any interference.
Accordingly, prayed for dismissal of the appeals.
11. Heard the arguments. Perused the materials
available on record. The points that would arise for
consideration by this Court are as follows:
Digitally Signed by KADAMBADI
GANESH SHANTHI on 06-11-2026
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HC-KAR
NC: 2026:KHC-D:17966
MFA No. 100837 of 2021
C/W MFA No. 100626 of 2021
MFA No. 100627 of 2021
AND 1 OTHER
CNR: KAHC020176922021
(i) Whether the petitioners prove that the
compensation awarded by the Tribunal is
inadequate and it deserves to be modified?
(ii) What order?
12. Points framed by this Court for consideration are
answered as follows:
Point No.(i) : Partly in the affirmative.
Point No.(ii) : As per the final order, for the
following:
13. Regarding Point No.(i): On perusal of the wound
certificates marked as Exs.P5, P8, P9 and P10, it indicates that
the petitioners have sustained only simple injuries. Except the
said documents, no other material evidence has been placed
before the Court to establish that the petitioners have incurred
any medical expenses.
14. On looking into the material available on records,
this Court is of the opinion that the Tribunal has rightly
awarded compensation to the petitioners. However, in the
interest of justice, an additional sum of Rs.5,000/- each
towards compensation is awarded in all the four appeals.
Digitally Signed by KADAMBADI
GANESH SHANTHI on 06-11-2026
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HC-KAR
NC: 2026:KHC-D:17966
MFA No. 100837 of 2021
C/W MFA No. 100626 of 2021
MFA No. 100627 of 2021
AND 1 OTHER
CNR: KAHC020176922021
15. Accordingly, point No.(i) is answered partly in the
affirmative .
16. Regarding point No.(ii) : In view of the findings
on point No.(i), this Court proceeds to pass the following:
ORDER
(i) The appeals filed by the petitioners are
allowed in part.
(ii) The impugned judgment and awards passed
by the Tribunal is modified.
(iii) The petitioner in MFA No.100837/2021 is
entitled to receive compensation of
Rs.20,000/- as against Rs.15,000/-
awarded by the Tribunal.
(iv) The petitioner in MFA No.100626/2021 is
entitled to receive compensation of
Rs.15,000/- as against Rs.10,000/-
awarded by the Tribunal.
(v) The petitioner in MFA No.100627/2021 is
entitled to receive compensation of
Rs.20,000/- as against Rs.15,000/-
awarded by the Tribunal.
(vi) The petitioner in MFA No.100635/2021 is
entitled to receive compensation of
Digitally Signed by KADAMBADI
GANESH SHANTHI on 06-11-2026
- 10 -
HC-KAR
NC: 2026:KHC-D:17966
MFA No. 100837 of 2021
C/W MFA No. 100626 of 2021
MFA No. 100627 of 2021
AND 1 OTHER
CNR: KAHC020176922021
Rs.20,000/- as against Rs.15,000/-
awarded by the Tribunal.
(vii) The enhanced compensation amount shall
carry interest at the rate of 6% per annum
from the date of petition till the date of
payment.
(viii) Respondent No.2/Corporation shall deposit
the enhanced compensation with accrued
interest before the Tribunal within a period
of four weeks from the date of receipt of
certified copy of this judgment.
(ix) Draw modified award accordingly.
(x) Registry to transmit the Trial Court Records
forthwith.
(xi) In view of disposal of this appeal, pending
applications, if any, do not survive for
consideration and the same are accordingly
disposed of.
Digitally Signed by KADAMBADI
GANESH SHANTHI on 06-11-2026
(K.G.SHANTHI)
JUDGE
AM
List No.: 1 Sl No.: 22